Debt collection lawsuit - can I defend myself or settle the case without a lawyer?

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  • เผยแพร่เมื่อ 21 ก.ค. 2024
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ความคิดเห็น • 137

  • @ryanperry9487
    @ryanperry9487 6 ปีที่แล้ว +33

    I wanted to take the time to tell you how much I appreciate your videos. I have learned so much just from watching the you. I don't live in Alabama or I would absolutely utilize your services. Thank you for taking the time to give out this free content.

    • @johngwatts
      @johngwatts  6 ปีที่แล้ว +4

      Ryan,
      You are most welcome!
      Thank you for the kind comment.
      Hope the videos help and let us know when you have any suggestions or requests for future videos.
      A lot of times we "batch" the shooting of these videos -- we compile a long list of requested videos and then knock them out.
      So definitely pass along any requests you have.
      Also since not in Alabama do make sure you get with a lawyer in your state to make sure you get specific legal advice. Hopefully, these videos give you a good starting point to make a list of questions for an attorney in your state.
      Best wishes and again thanks for the kind comment!
      John

  • @Phenique35
    @Phenique35 4 ปีที่แล้ว +15

    Thank you so much! I just defended myself against an attorney for Credit Corp Solutions for $20,000. I won! Thank you, thank you and thank you again!

    • @towner305
      @towner305 2 ปีที่แล้ว

      How did you win and what did you say? I’m going to court Wednesday and I’m very nervous.

    • @towner305
      @towner305 2 ปีที่แล้ว

      How did you win and what did you say? I’m going to court Wednesday and I’m very nervous.

    • @DonteWilsonChrisDorner
      @DonteWilsonChrisDorner ปีที่แล้ว

      Damn, you really just ignored that guy.

    • @victorbrown5593
      @victorbrown5593 5 หลายเดือนก่อน

      What did you say ? How did u win ?

    • @Phenique35
      @Phenique35 5 หลายเดือนก่อน

      @@DonteWilsonChrisDornerTo ignore is to disregard or fail to consider. You can't disregard or fail to consider something that you're unaware of. This is what assuming does for you. It makes as ASS out of U not ME..... Get it😊....ASSUME😋. Cheers🫣🥳.

  • @popsxbox
    @popsxbox 2 ปีที่แล้ว +3

    Going to court next month with Capital One debt collection and have put many hours into research and have discovered so much information that is legal and tangible that will blow your mind. Thanks for the insight.

    • @ladilondon1213
      @ladilondon1213 ปีที่แล้ว +1

      How did your case go? I’m due to have mediation next month, even though I disputed it?

  • @KimuraU1986
    @KimuraU1986 6 ปีที่แล้ว +7

    John, thank you so much for posting all these videos that start from one end of the spectrum to the other end. These videos have been very informative, and i enjoy how unselfish you are giving out the advice you do that a majority of attorneys would charge for. Please keep up the good work, and just wanted to let you know that your videos are slowly helping me arm myself to face the couple of debt collectors that are coming after me!

    • @johngwatts
      @johngwatts  6 ปีที่แล้ว +2

      Will,
      Thank you for your comment.
      It is nice to hear they are helpful.
      Very easy to get so busy working on cases that I feel I don't have time to put up videos. Just put up a new one this weekend -- first one this year I think.
      But I'm getting back on track and comments like yours encourage me to continue to do these videos.
      Thanks!
      John Watts
      PS -- being armed is very important especially if you know some collectors are coming down the road. Know your rights and if they break the law, hammer them in court. :)

    • @MissionaryInMexico
      @MissionaryInMexico 5 ปีที่แล้ว +2

      I second 👍 that comment! Great advice and info.

  • @BernardBetelgeuse
    @BernardBetelgeuse 28 วันที่ผ่านมา

    Sort of related - A couple decades ago, my wife and I attempted to finance through and add for a percentage we could deal with. Months later, when the representative came over, it was suddenly 4 percent higher. We only noticed because we actually read the document. We told the rep what we had agreed to and was never told of an increase. He, who had flown out at his company's expense, simply had to leave. He had no power to replace the original rate. When I called his firm, they said, 'Oh, that was the rate several months ago' to which I said, well, that's the rate we saw in the add and your firm never mentioned a change. I'm really hoping the reps airfare was first class. But directly to your point, and is evidenced even by the entertainment courts like 'People's Court' or 'Judge Judy', What's in writing is what counts. Always.

  • @TampaJohn
    @TampaJohn 4 ปีที่แล้ว +6

    Great info, even though I live in Georgia. I’m sure the laws aren’t the same, but maybe similar. Calvary sued me a few years ago. I hired an attorney for 250, plus he sued for attorney costs. He told me he never lost a case. I show up and the Calvary lawyer walks over to where everyone is sitting and asks anyone being sued by Calvary, if they want to settle to come over to him. Most everyone came over. I was one of only 2 who fought it. The other person fought it by herself. When it was my turn. My attorney argued that there was no signed contract and that I did not owe the money to Calvary. Sure enough a week later, he called and told me that we won. So I agree with you. Hire an attorney who specializes in this. Don’t ever settle unless they agree to remove it from your credit report. And never sign anything that admits that you owe the debt. You can say that you don’t acknowledge it, but it would be easier to settle just to get it off of your credit report. Read the agreement very carefully. Or even pay an attorney just to go over it for you to make certain that you’re not being screwed. Once again. Good video. And good info. 👍🏻

    • @johngwatts
      @johngwatts  4 ปีที่แล้ว +1

      Good deal! Glad that worked out for you.
      Check credit report -- www.annualcreditreport.com/index.action -- to make sure Cavalry is off your reports.
      Congrats!!
      John

    • @apfyang
      @apfyang 3 ปีที่แล้ว +3

      Can I get the info of the lawyer you used? I live in Georgia as well and need help ASAP. Thanks in advance. 🙏

  • @vapourbile
    @vapourbile 3 ปีที่แล้ว +3

    You are a huge help in my debt case! Thank You

    • @johngwatts
      @johngwatts  3 ปีที่แล้ว

      You are so welcome!

  • @wikelopez
    @wikelopez 5 ปีที่แล้ว +2

    You, Sir, are a godsend! Thank you!

    • @johngwatts
      @johngwatts  5 ปีที่แล้ว

      Wike,
      Thanks for the kind words!
      John

  • @davop4919
    @davop4919 10 หลายเดือนก่อน

    7 years later thank you Sir!!

  • @clydeb7713
    @clydeb7713 4 ปีที่แล้ว +4

    Thx. The people who gave this vid a thumbs down, I have five words for you. You Can't Handle The Truth!!

    • @johngwatts
      @johngwatts  4 ปีที่แล้ว +3

      :) A great line from the movie!
      John

  • @pinaopina
    @pinaopina 7 ปีที่แล้ว +4

    Thanks so much for this valuable information. 👍🏼👍🏼

  • @MarvinRWard
    @MarvinRWard 5 ปีที่แล้ว +1

    Thanks John, your awesome!

  • @dottiekiley2171
    @dottiekiley2171 5 ปีที่แล้ว +1

    Great presentation at the perfect pace for learning. Im going pro se against my ex-husband, who is also an atty. He has few ethics and my divorce is riddled with abuse of power. So thanks for the help...this is a pobate for modification and civil for 15 years of tax evasion amounting to $300,000 by the final divorce. So keep talking to me in mass.

    • @johngwatts
      @johngwatts  5 ปีที่แล้ว

      Dottie,
      Thank you for your comment.
      You'll really need a lawyer in MASS as dealing with that type of money is a whole different ball game than being sued by a debt buyer.
      And the rules in your state are likely quite different than Alabama where I practice.
      So use my videos to get ideas, questions, etc. and then get with a lawyer in your state to get actual legal advice for your unique situation.
      Hope it turns out the best for you!
      John Watts

  • @danielleberry6319
    @danielleberry6319 3 ปีที่แล้ว +2

    I wish you were in Washington, you simply are the BEST!

  • @chrismorgan6149
    @chrismorgan6149 5 ปีที่แล้ว +3

    I enjoy all of your content. I am interested in how traceable debt card/bank transactions. I would LOVE to trace and sue telemarketer scams.

    • @johngwatts
      @johngwatts  5 ปีที่แล้ว +1

      Chris,
      So some of these are either not traceable or they go to a bogus company that can't sue.
      BUT if a legit service or especially a product, there is a way to trace these telemarketers.
      Here's basic template -- doesn't always work but often does and it lets us file class actions against the actual parties who are behind all of this.
      Get the telemarketing call. (I'll focus on this with pre-recorded messages that say "Press 1 to be connected").
      First, they will want to "pre qualify" you as these are "lead generation" calls. They are to generate leads who will then become customers.
      So if a cruise being offered, they will ask if you and your spouse go on trips. Would you like to go on a cruise for a great price? Are you a decisive person who recognizes a great deal when you see it?
      Be honest as almost always you can say "Sure, I'm interested. Tell me more."
      Sometimes you'll stay with same person but normally they will say, "OK you are prequalified. Let me get you with one of our expert customer service folks who can plan your dream trip."
      Here's the key -- now you are usually transferred to the actual "real" company behind the marketing campaign.
      Let's just say Carnival.
      You verify who you are talking to -- make great notes. (Usually if they call you it is hard to record the call unless do speaker phone and record on your laptop or other phone).
      Whether you buy it or not isn't important to the legal case. You can still sue.
      If you buy, it makes it easier to follow the money.
      The law basically says a company can't hire a telemarketing company and then hide behind the telemarketing company. (Telemarketing company has no assets).
      So you sue the telemarketing company and the real company.
      These telemarketing companies pop up overnight -- no cost to get involved.
      So can't stamp them out.
      Have to go after the real company behind it -- Carnival Cruise or State Farm or ADT or Direct TV, etc. If the real companies stop doing this, the telemarketing will vastly shrink.
      If you have time, try to do the above.
      And by the way, if it is "reducing your student loan" or "affordable health insurance" most of those are dead ends.
      Finally, don't give your credit card unless you know who you are buying from.
      Let me know your thoughts and if any questions.
      Thanks!
      John Watts

  • @Mparsley
    @Mparsley 3 หลายเดือนก่อน +1

    Really professional info! Thank you!

    • @johngwatts
      @johngwatts  3 หลายเดือนก่อน

      You're very welcome!

  • @popsxbox
    @popsxbox 2 ปีที่แล้ว +1

    I've been sued and filed an answer with the court and sent a copy certified mail. Looking into financial contracts and general banking rules it seems to me that even the lender may not hold the original instrument that funded the account. Plaintiff claims to be the holder of the contract/ promissory note and must hold the contract to be enforceable so is this correct ? Thanks for all your insight.

  • @petriandersson4572
    @petriandersson4572 ปีที่แล้ว

    Thank you for great education

  • @jliz6435
    @jliz6435 4 ปีที่แล้ว +2

    In your experience in debt collectors law suits, has any debt collectors ever proven that they own the debt with chain of title or any other way?

  • @angelesrosales4152
    @angelesrosales4152 3 ปีที่แล้ว

    I live in Albuquerque,NM. Would you recommended a Lawyer? Thank you!!

  • @jessicathomas3990
    @jessicathomas3990 5 ปีที่แล้ว +1

    Great video.

  • @ExKUKicker
    @ExKUKicker 2 ปีที่แล้ว

    What is the average attorney fee for handling a credit card legal suit?

  • @honeyBTV
    @honeyBTV 4 ปีที่แล้ว

    Wonderful video!!!!

  • @cynthiareynolds3432
    @cynthiareynolds3432 5 ปีที่แล้ว +7

    I've seen this guy's other videos before & he's good, but he never addresses being sued by the original lender.

    • @johngwatts
      @johngwatts  5 ปีที่แล้ว +3

      Thanks! Try this one. Its a long one but hopefully helpful to get you started. th-cam.com/video/NoU78XoIxbk/w-d-xo.html
      John Watts

    • @MissionaryInMexico
      @MissionaryInMexico 5 ปีที่แล้ว +1

      @@johngwatts Thank you for linking this, because this is how banks are getting around the "proving the debt is the collector's" garbage.

  • @susiesanchez8467
    @susiesanchez8467 4 ปีที่แล้ว +2

    Thank you for replying.
    I'm in GA.
    The judge has proof that I've asked for the purchase agreement. I sent a letter to PRA, thanking them for the packet of info that they had sent to me, stating that however it is insufficient to prove ownership of the debt and questioning their right to sue me without it. I sent it registered mail, sent a copy to the court also. I just have a feeling that the next " hearing " is gonna go the same way, only I'm not gonna do the back and forth. If they don't bring witnesses and I'm told the same thing, then in gonna just go back to the courtroom and notify that I feel ready to proceed with hearing, explain to the judge that I keep asking for the purchase agreement and that they refuse to bring it, therefore there's nothing to negotiate settlement of at this time and ask for his suggestion on how to proceed.

    • @johngwatts
      @johngwatts  4 ปีที่แล้ว +2

      You may want to get with Steve Koval who is a lawyer I work with in GA -- he may can share with you how the judge will likely proceed. Best wishes on your case!
      John Watts

    • @ladilondon1213
      @ladilondon1213 ปีที่แล้ว

      How did your case turn out??

  • @johnmcdonald1306
    @johnmcdonald1306 5 ปีที่แล้ว

    YOU HAVE TO BE HONEST. I Never squelched on on a bet or not payed a debt we can work together so I don't go into debt consolidation where your money is held up for up to two years and my credit is ruined SO WE have to work together and so that we are both treated fairly . I apologize for my recent misfortune and had a great partnership with your bank for 20 years and hope that a short term downfall will rebound. I respect the banking industry that receives and distributes monies making their profits off interest don't always realize how companies that have to produce needed products in the US are trying our best to adjust in the marketplace.

  • @KingDB305
    @KingDB305 2 ปีที่แล้ว

    The sarcasm is golden 😆

  • @sheilaking7732
    @sheilaking7732 6 ปีที่แล้ว

    What if they are already garnishing my wages

  • @susiesanchez8467
    @susiesanchez8467 4 ปีที่แล้ว +2

    I'm being sued by PRA. Had a contested hearing in Jan. 2020.
    There was no hearing, instead I was sent into hallway outside courtroom to discuss with the attorney for PRA. She had copies of statements, Bill of sale, affidavits and copies of supposed payments to original creditor. I kept asking for the purchase agreement mentioned in the bill of sale as proof of ownership by PRA. She then would indicate her papers again. This went on for a while, I was sick that day, so after she flat out finally said that they weren't required to provide that, I asked her if we could do this another day, she asked the court and the case has been continued in thirty days.
    There is another contested hearing scheduled in Feb. Should I keep asking for the purchase agreement as proof of ownership?

    • @johngwatts
      @johngwatts  4 ปีที่แล้ว +3

      Susie, I don't know what state you are in but if you are in Alabama I would do this.
      They will NOT give it to you.
      This is something you have to argue to the judge in the context of IF Portfolio does not have proof of ownership, then it has no right to sue you.
      Where-ever you are, you may want to talk to a consumer lawyer to get a feel for your judge. If you are in AL you can contact my office 205-879-2447. If in another state, try www.consumeradvocates.org/find-an-attorney
      Best wishes and hope feel better soon!
      John

  • @SiCVoltage
    @SiCVoltage 6 ปีที่แล้ว +3

    I really like your videos.

    • @johngwatts
      @johngwatts  6 ปีที่แล้ว

      Thanks! Let me know if you have any suggestions for new videos you want us to shoot. Appreciate it! John Watts

  • @denisestarr2314
    @denisestarr2314 7 หลายเดือนก่อน

    I only owe one credit card law suit . No other dept . I am not going to file bankruptcy. I may hire a lawyer to settle . I have recived a dept discharge letter .

  • @Gipper3670
    @Gipper3670 2 ปีที่แล้ว

    I am on full disability,live in a low income apartment, and can show at the end of the month I have nothing left, I am being sued by Capital one Bank, so if I have nothing just what can they get. ?

  • @keepstriving1366
    @keepstriving1366 6 ปีที่แล้ว +2

    Yes Excellent video. Quick question i have a suit filed against me in Orleans from a debt collection from one main financial LLC Alabama. How can that law firm defend their case in another jurisdiction. Thanks in advance. I will fight this in court but i haven't been served yet

    • @johngwatts
      @johngwatts  6 ปีที่แล้ว +1

      Thanks for your comment.
      Are you saying you live in Alabama and the lawfirm suing you is from New Orleans? (I assume the Couch Conville firm?)
      Or is it an Alabama firm that is suing you in another state?
      Either way, the question is does the lawfirm have a lawyer licensed in your state. Most of the collection firms now have lawyers licensed in multiple states so that is something to check on.
      Do keep an eye on the service to make sure the court does not believe you have been served when you really haven't been.
      Give some thought to whether you have a good defense to this case -- if you do then fighting is useful. If not, then you may want to look at resolving this case if the original creditor One Main Financial is suing you.
      Best wishes and thanks again for your comment!
      John Watts

    • @keepstriving1366
      @keepstriving1366 6 ปีที่แล้ว +2

      Alabama Consumer Protection Lawyers yes law firm in Alabama suing me in New Orleans. I never lived in Alabama or owed any debt in the state. Once again thanks for your rapid response

    • @johngwatts
      @johngwatts  6 ปีที่แล้ว +1

      Gotcha. Just check to make sure they have a Lousiana licensed attorney. Then I would get with a consumer protection attorney in New Orleans (or somewhere in Lousiana) to find out your options.
      You are doing a great job researching your options so I know you will follow through to figure out your options.
      I wish you the best!!
      John Watts

  • @ZimaletaMotors
    @ZimaletaMotors 4 ปีที่แล้ว +1

    Another great video I liked and Subscribed

  • @ozu6409
    @ozu6409 6 ปีที่แล้ว +1

    Well explain

  • @cancermoonrisingintaurus3475
    @cancermoonrisingintaurus3475 6 ปีที่แล้ว +5

    i cant afford an attorney. .I can't even afford to pay my debt off anymore. or what they asking for.. I don't even know what to do..so over my head!!!

    • @johngwatts
      @johngwatts  6 ปีที่แล้ว +8

      I understand it can be overwhelming.
      Here's my suggestion -- call a consumer protection lawyer or at least a bankruptcy lawyer in your state. They should chat with you at no charge -- either over the phone or in person.
      Explain what debts you have, what collection letters you have, any lawsuits, etc. They will have to see the entire picture to be able to give you any advice.
      Like a doctor has to know what medicines you are on, what surgeries, family history, etc. before she can prescribe a medicine or tell you to do a surgery, etc.
      Once you get some advice then you can see what your options are and you can make the best decision.
      Best wishes
      John Watts

    • @cancermoonrisingintaurus3475
      @cancermoonrisingintaurus3475 6 ปีที่แล้ว +2

      +Alabama Consumer Protection Lawyers Thank you

  • @joshuaq2931
    @joshuaq2931 4 ปีที่แล้ว +1

    Thank you!!!!

    • @johngwatts
      @johngwatts  4 ปีที่แล้ว

      Welcome!

    • @joshuaq2931
      @joshuaq2931 4 ปีที่แล้ว

      @@johngwatts now if i can apply all this in Idaho and come to a resolution with these guys

  • @brittneyhallman3840
    @brittneyhallman3840 6 ปีที่แล้ว +1

    I am paying on a debt 20 dollars a month. Is it to late to stop paying so that i can get sued and go to trial? Or have i already admitted fault over the phone by paying a monthly payment?? Please help.

    • @johngwatts
      @johngwatts  6 ปีที่แล้ว +2

      Brittney,
      I responded on another video about similar question -- here is the key takeway.
      You have not necessarily admitted fault by paying -- but you do need to get with a consumer protection lawyer to find out your options and the good and bad of each option.
      Will you get sued?
      Can you win?
      Lots of factors to consider and you are very smart to explore your options.
      Best wishes
      John Watts

  • @taekwondogrrl
    @taekwondogrrl 4 ปีที่แล้ว +1

    Hello I have a question what if the original creditor sent you a letter saying that it had the account has been transferred to a debt collector is that evidence that the debt collector now owns the debt

    • @johngwatts
      @johngwatts  4 ปีที่แล้ว +1

      It court (in Alabama) that would not be evidence. It is some indication just for you to know but it is not testimony offered under oath.
      And it doesn't answer whether the debt buyer that supposedly bought the debt still owns the debt or has it sold it?
      Thanks for comment!
      John

  • @ash7051
    @ash7051 3 ปีที่แล้ว +1

    Love all the videos!.. This popped up, it's so true!.. However I've seen attorneys take your $ and do diddly squat and screw the client over

  • @NewTeezy
    @NewTeezy 5 ปีที่แล้ว +1

    My debt is under 1000 in Missouri and it’s in “circuit” court.

    • @johngwatts
      @johngwatts  5 ปีที่แล้ว

      Each state has its own courts and rules on which case goes with which court.
      My suggestion is check with a Missouri lawyer and see if your "circuit" court is a small claims type of court, if the rules of evidence apply, etc. Then see if you need a lawyer or if you can do this on your own.
      Wish I knew but I don't practice in Missouri so I simply don't know.
      Best wishes!
      John

    • @yolandaholloway9189
      @yolandaholloway9189 3 ปีที่แล้ว

      What happened Im from Mo also

  • @lauraguzman4055
    @lauraguzman4055 4 ปีที่แล้ว +1

    I live in San antonio,tx .would you recommend a Lawyer? Thanks

    • @johngwatts
      @johngwatts  4 ปีที่แล้ว

      Try www.consumeradvocates.org/find-an-attorney -- should be some ones in your area. Best wishes!
      John

  • @Cesca0511
    @Cesca0511 4 ปีที่แล้ว +1

    I have responded to the default judgement and my court date is tomorrow. I am being sued by a debt buyer and I am representing myself...i am nervous! The plaintiff has mailed me a copy of their evidence which includes the agreement and such. One thing i noticed, they have my dob incorrect. Also, this is a debt from 2008. I thought there were statutes of limitations? And lastly, i wasn’t able to find a bill or contract in which the debt buyer bought the account. Do I have a shot in court? And if i am found to owe, will there be options available other than garnishment?

    • @johngwatts
      @johngwatts  4 ปีที่แล้ว

      I'll answer based on Alabama law -- if someone else may be completely different.
      I doubt the DOB will mean much to the judge.
      The focus will be on you owing the debt which I presume you do. If you don't, that's your defense.
      But even if you owe the debt, do you owe the debt to the debt buyer?
      They have to prove they own the debt. Whatever evidence they offer, see if it looks complete. So the bill of sale will normally reference the "credit card purchase agreement" or something similar. Did they produce that?
      Highly unlikely.
      Hopefully you have a judge that knows the rules and if the plaintiff debt buyer doesn't prove their case, the judge will rule in your favor.
      If you win, that's great. Then you need to look at credit reporting, etc. Get with me about that.
      If you lose, then you may have the right to appeal. In Alabama small claims and district court when you appeal, the case starts all over.
      Or you could work out a settlement.
      Best wishes!
      John

    • @kawanascott1512
      @kawanascott1512 4 ปีที่แล้ว

      How did your case go

  • @BrewerShettles
    @BrewerShettles 3 ปีที่แล้ว +1

    Great Video - Do you takes cases sued in NYS?

    • @johngwatts
      @johngwatts  3 ปีที่แล้ว +1

      No sorry. Try www.consumeradvocates.org/find-an-attorney or if that doesn't work contact me at www.alabamaconsumer.com/contact-us/
      and let me know where you are sued and I'll see if I know someone that can help you.
      Best wishes!
      john

  • @wandamoore2235
    @wandamoore2235 5 ปีที่แล้ว +1

    I have Just been served from the sheriff,s to go to court on $ 500 credit card if i pay the Lawyer monthly can they still sue me it is with Magistrate and should i still respond if we make a agreement ????

    • @johngwatts
      @johngwatts  5 ปีที่แล้ว

      Wanda -- if you settle with the collection attorney make sure you get in writing (email etc) as to the terms. In other words, if you pay X dollars a month for so many months, what happens to the lawsuit?
      Will there be a judgment against you? Will it be dismissed? You need to know what you are paying for so there will be no surprises.
      Be worth it to call a consumer protection lawyer in your state to get some advice based on your courts, etc.
      Best wishes!
      John

  • @garyb7245
    @garyb7245 4 ปีที่แล้ว +1

    What happens if you ignore the summons ?

    • @johngwatts
      @johngwatts  4 ปีที่แล้ว

      Debt collector gets a default judgment against you and starts executing on the judgment. Could be wage garnishment.
      Bank account garnishment.
      Selling of personal or real property.
      So we want to avoid ignoring the summons to avoid these consequences.
      Best wishes
      John

  • @marcstaley1526
    @marcstaley1526 6 ปีที่แล้ว

    Do you know a good lawyer in Fayetteville NC that get in contact about my issue?

    • @777dingo
      @777dingo 6 ปีที่แล้ว

      check online or in the phone book

  • @alphamasterjames1667
    @alphamasterjames1667 5 ปีที่แล้ว +2

    I read on the internet this isn’t valid lol I guess people believe everything on the internet another humorous comment John love it I was depressed that made me lol again keep it up James

  • @caliz56
    @caliz56 4 ปีที่แล้ว +1

    Small claims court is doable but only for a minority of the cases.And specially for some of the persons being sued.In Fl the small claims rules are in a book with 73 pages not including the rules from Civil procedure that are applicable to small claims court.Majority 99 % roll over to the creditor's attorneys.And a majority of the folks 99% do not understand the theories they are being sued on.But they know they owe the debt but are completely oblivious to any defenses.It is not the people's court as it is popularly refer to.

    • @johngwatts
      @johngwatts  4 ปีที่แล้ว

      It does vary by state. If you are going to handle a case on your own, you definitely have to spend a lot of time.
      I have often said you either spend money (on a lawyer) or time (if handle on your own). There is no other alternative.
      I didn't realize FL small claims was that complicated -- hopefully that will change to make it a bit easier.
      Thanks for your comment
      John

    • @caliz56
      @caliz56 4 ปีที่แล้ว +1

      @@johngwatts Of course many factors go into handling one's case.I was sued by a JDB in 2007 in South FLORIDA small claims court.And the judge clearly was biased towards the creditor's attorneys but did rule on my motions favorably to me.However, I did have a court reporter present in the important hearings like in his chambers.Hundreds of cases are heard weekly and like I mentioned before 99 % caved in because of their lack of legal knowledge.The other 1 per cent hired an attorney which often made all the difference in the world for the debtor.I dragged my case for 3 yrs,finally the JDb law firm allowed the case to be dismissed for lack of prosecution. They were and still are aggressive in their pursuits of these debts.Now or for a few yrs now, there are a couple of attorneys that defend credit card and other debt cases.They have also added bankruptcy to their practice as well.In Fl there is the head of household exemption where the wages of the head of the family cannot be garnished.Yet, before trial,the attorneys and the paralegals go around inquirying if they are being sued by their clients.And they offer a too good to be true payment arrangements.But in the fine print at the end of the form they get the debtor to waive their rights to these Fl constitutional protections,and when the debtor misses that payment.Bingo.THE creditor moves for the wage garnishments and bank accounts that would have been off limits to them.And the protection they could have had was signed away.I do have an advantage over other folks.I took a Legal Research and Writing course from a paralegal school.And those $195 I invested in 1995were probably the best investment I have ever made in my life.Of course I am very mindful that a being one's attorney has a fool for a client.At the time I was sued I was in very hot water financially and could not afford an attorney.But the best bet is hire an attorney when possible. I do keep up on this area of the law and explore site like yours well I usually learn something new even if it is not related to Fl law.But it is the same matter generally.Thanks for your reply I anticipate with the current financial crisis the 2008 great recession is nothing in comparison to this one. '

    • @johngwatts
      @johngwatts  4 ปีที่แล้ว

      Well said and I think you are right the next crash coming is going to be worse than 2008. Keep learning and fighting!

  • @michaelshelly4470
    @michaelshelly4470 4 ปีที่แล้ว

    Become a secure party creditor by claiming the creditor birth certificate from your county registrar. Just a thought, not legal advise, do your own due diligence. Never argue, offer and acceptance, stay in honor at all cost. These are merchant banker administrative courts. Military tri-bunals.

    • @johngwatts
      @johngwatts  4 ปีที่แล้ว

      Michael -- have you seen this work in court? I see a lot of folks try this and lose. Curious if you have a different experience. Thanks
      John

  • @johnmcdonald1306
    @johnmcdonald1306 5 ปีที่แล้ว +1

    Tell the people they have a right to dispute all the interest of the debt. They the bank already made their money back in interest. Let's negotiate a fair settlement.

    • @johngwatts
      @johngwatts  5 ปีที่แล้ว

      If there is interest owed then it is owed. Usually the entire debt is not valid when we are dealing with debt buyers because they do not own the debt. When they sue us they have to prove that.
      Just like in a car wreck case I have to prove the other side drove negligently.
      If you are dealing directly with a bank, they often will cut the interest in a settlement and usually more than that.
      John

  • @Ga91772
    @Ga91772 4 ปีที่แล้ว +1

    Hello
    Highly enjoyed videos.
    Do you have any guidance in GA for me regarding debt collection summons?

    • @johngwatts
      @johngwatts  4 ปีที่แล้ว

      I'm glad you enjoyed them! If you will email me your question about GA debt collection I'll get you the answer from a GA consumer lawyer. john@wattsherring.com
      Thanks!
      John

  • @metricOIL
    @metricOIL 5 ปีที่แล้ว +1

    Can Midland Funding typically prove ownership of debt?

    • @johngwatts
      @johngwatts  5 ปีที่แล้ว +3

      It depends. I don't know the rules of other states.
      But in Alabama I have not seen Midland prove ownership. It might be they prove it in every case but mine but since we have had hundreds and hundreds of cases, I doubt that happens.
      You really have to know the court you are in, the rules of evidence, and the law of your state to know whether they can prove it.
      If you are in Alabama give us a call and we can chat at 205-879-2447. If sued in another state, start here -- www.consumeradvocates.org/find-an-attorney
      Best wishes!
      John

    • @metricOIL
      @metricOIL 5 ปีที่แล้ว +1

      @@johngwatts in South Carolina.. thanks for the response, if you were in my area I would hire you to fix all of my problems. Lol. Trying to decide the best course of action. Myself and all of my accounts with Synchrony Bank hit a blockage.

    • @johngwatts
      @johngwatts  5 ปีที่แล้ว +1

      Thanks -- would love to help you if I could! Try Penny Hays Cauley -- I knew her when she was in AL. Very good consumer lawyer. www.hayscauley.net/
      (843) 665-1717. Tell her I sent you.
      Best wishes!
      John Watts

  • @MissionaryInMexico
    @MissionaryInMexico 5 ปีที่แล้ว +2

    In other words: grow balls. Don't trust lyers, know your rights and options, sue if they screw.

    • @johngwatts
      @johngwatts  5 ปีที่แล้ว +1

      Well that is definitely one way of putting it! :)

  • @dgulfgate
    @dgulfgate 6 ปีที่แล้ว +1

    do you know a lawer in or close to bartett,tennessee

    • @johngwatts
      @johngwatts  6 ปีที่แล้ว

      Phillip,
      I'm sorry I don't.
      Are you being sued or harassed by a debt collector?
      Thanks
      John Watts

    • @dgulfgate
      @dgulfgate 6 ปีที่แล้ว +1

      I paid a debt collector it did come off my report, they did not give me a recietthe amount of 170.79 you know what you are talking about

    • @johngwatts
      @johngwatts  6 ปีที่แล้ว

      Phillip -- so you paid the collector and it did OR did NOT come off of your credit report? Was that the deal you made with them that they would delete the credit reporting?
      As far as the receipt, do you have proof through your bank they took the money? Could be an electronic transfer or cashing your check, etc.
      Who is the debt collector?
      Thanks!
      John Watts

    • @dgulfgate
      @dgulfgate 6 ปีที่แล้ว +1

      it did not come off my credit report, all I have is cc information. The debt company is Central financial Control.

    • @johngwatts
      @johngwatts  6 ปีที่แล้ว

      Gotcha -- they tend to collect for hospital debts. Tenant hospital group.
      We sue them in Alabama -- give us a call at 205-879-2447 and ask for Carolyn. Tell her I asked you to call and we can get more details from you to see if we can help you.
      Or you can contact us through our website and give us your contact info and we'll get back with you. www.alabamaconsumer.com/contact-us/
      This next week will be a bit slow due to Christmas but we will be in touch as quickly as we can.
      Thanks!
      John

  • @sherryross1334
    @sherryross1334 4 ปีที่แล้ว +1

    I was never sued but it’s On credit report . I never even got a bill for it.

    • @johngwatts
      @johngwatts  4 ปีที่แล้ว

      Sherry, is it a collector or the original creditor that is on your credit report?
      Do you think you owe it?
      Was it a medical bill?
      If you don't think you owe it, then I would definitely dispute.
      If you can, give me more info and I'll be glad to give you some general thoughts to help you go in the right direction.
      Thanks!
      John

    • @sherryross1334
      @sherryross1334 4 ปีที่แล้ว

      Alabama Consumer Protection Lawyers Oh thank you very much I live in Arizona. I have paid 2 companies to clean my my credit report. At 90 dollars a month I could have already paid the debt and go a letter to have them take it off. Yes they are medical bills and yes I owe them but one was in 2014 and I had insurance but the insurance company won’t pay because it was so long ago. The other one I never even got a bill from the hospital. And the 3rd one a medical bill also. All 3 add up to about 1,500 dollars I’m trying to buy a house .

    • @sherryross1334
      @sherryross1334 4 ปีที่แล้ว

      And it is a Healthcare collection agency so I’m not sure due to the fact that I never received any paperwork on it so what do you think I should do thank you for your time I greatly appreciate it I know you have a busy schedule

  • @davidmoran1314
    @davidmoran1314 2 ปีที่แล้ว

    One prayer easy. Be fast work

  • @brianscott6542
    @brianscott6542 5 ปีที่แล้ว +1

    Funny I thought credit is money created from thin air and therefore creating debt. In my opinion this is fraud and to my understanding fraud is illegal and should hold up in court against the creditor as they provided this out of thin air without full disclosure and therefore fraud.

    • @johngwatts
      @johngwatts  5 ปีที่แล้ว +1

      Brian,
      Sometimes things that might make sense in theory don't work in court.
      I don't know any judge that would accept this argument -- even if it is right, it would mean the end of society if money and debt don't exist.
      But an interesting thought experiment.
      Thanks for your comment.
      John

    • @brianscott6542
      @brianscott6542 5 ปีที่แล้ว

      @@johngwatts I appreciate your response. I was to the understanding that within the courts it's all about evidence. To call into evidence the credit that was provided to the debtor is legitimate in contract law and full discloser was given I can see some hurdles. However, credit being created out of nothing and therefore creating debt cannot, in my opinion, be shown as evidence because it never existed. You could look at it as paying the debt out of nothing as well in lieu of labour. Right an IOU accepted to discharge the debt. One without evidence should discharge the other as they both are created out of thin air and both are technically fraud. IMHO People need to fight back and learn how to play the game created to enslave.

  • @tammyhuennerkopf5268
    @tammyhuennerkopf5268 5 ปีที่แล้ว +1

    You talk to slow.

    • @johngwatts
      @johngwatts  5 ปีที่แล้ว +4

      I know -- use the speed thing on the gear icon and you can speed me up. :)
      For what its worth, court reporters love when I take depositions as they can transcribe it easy.
      But this is not a deposition so I get that it is sometimes a bit too slow.
      So do the gear thing.
      JW

    • @bbfreetube
      @bbfreetube 4 ปีที่แล้ว +3

      @@johngwatts I like your voice and speed ....

    • @latachia_2981
      @latachia_2981 4 ปีที่แล้ว +3

      @@bbfreetube Me too!