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11 tips to win your debt collection lawsuit in court
Discovery
Disclosure and discovery
Depositions – sworn testimony
Interrogatories – written answers to questions
Request for production of documents
Information about what the claim is based upon
A “charge off,” or summary of where the debt stopped being paid off
Payment history
Balance statement
Bill of Sale – if the collection involves a debt buyer/assignee.
Show up
Theory of the case – how you’re going to win.
Pretrial conference – Rule 16(c) FRCP
Meeting between parties and judge.
Discuss schedule, content, ADR, summary judgment.
Consider keeping a trial notebook
Documents filed in court
Info about parties.
Witnesses
Evidence
Get it.
Organize it.
Follow your court’s rules to submit it.
Judge trial or jury trial
Default is a judge trial
Rule 38(b) requires you to request a jury trial.
7th amendment provides the right to a jury trial in civil cases over $20.
If you’re being sued for that toaster you bought for $19.99, sorry, you’re SOL.
Anatomy of the trial. Can be called a hearing.
Opening statements
Plaintiff makes their case
Burden of proof is on them.
Defendant makes their case
You may only need to cross examine their witness
Ask permission before presenting evidence.
Closing arguments
Jury instructions
Jury deliberation
The judge may present a decision at the end of the hearing or issue a written decision later.
The junk debt collector will call a witness.
It will be over the phone
It will be a rep for the debt collector,
The attorney will walk them through the debt
Cross examine them by asking questions to show they don’t know what they’re talking about.
They never have a witness from the original creditor.
The debt collector doesn’t have any independent knowledge about the debt.
Don’t ask questions you don’t know the answer to.
Ask leading questions.
Ask these questions
Did you review the documents and exhibits that you just testified about?
Yes
When was that?
An hour ago
Did you ever look at them previously?
No
Have you ever worked for the original creditor?
No
Did the original creditor ever teach you on how they keep their records?
No
Prior to your testimony did you contact the original creditor to confirm the amount owed?
No
Have you ever seen or read the bill of sale for the debt?
Has the bill of sale been disclosed in this case?
General tips for the hearing
It’s long. Plan on being at court for most of the day.
Know where you’re court is so you’re not late.
Have all of your evidence ready
Dress to impress. Don’t be a scrub.
Generally, you need to be represented by you our your lawyer only.
Arrive early.
Prepare for airport-like security.
Eventually your case will be called. Stand and identify yourself. Ask the judge or the security guard where you should stand.
Refer to the judge as “Your honor”
Do not interrupt other people, especially the judge.
Have fun!
I have a Bank of America creditor, does this process work for them? How would I respond to debt of its from the original creditor?
Read their reviews on other sources. I bet you anything this comment gets removed too just like every other one I've posted.
This guy is awesome ???? Theres still good people in the world
I’ve put the word out about your services ????CU Health is being aggressive and I told them you keep the wolves away ??????????????????
Excellent practice tips for application in court.
I never got any of these things! What the heck, my court date is tomorrow. I didn't know anything about answering the summons…nothing! Panic mode activated!
So I racked up a ton of debt during the pandemic, I was an idiot and was buying every COVID cure I saw trying to save myself and my family. I've racked up about 5 grand and was making payments, large payments at first (debt collector said this was my only option) but overtime I was unable to pay my actual bills like rent because of my collection payments so I stopped. I'm hearing that if it goes to court, repeatedly bringing up COVID hardships is likely to get the judge to side with you. Do you think I've got a shot at fighting this or should I just keep paying collections?
I got a letter from a law firm for Bank of America to respond within a specific time this month. It’s not an official lawsuit. What is the best step in this circumstance as I’m unemployed currently? Should I ask they validate or wait closer to the date to get more time?
How can the right to collect a debt be sold if the original creditor writes the amount off and submits a 1099c to the IRS? At that point isn't the amount considered income?
I need help fast…
What about if is not even may name written correct in the papers?
I would imagine this method wouldn’t work if the original creditor is suing you right?
Amazing! I would like to apply to work for you
Sorry if I’m reposting my question I’m not sure if the other one is deleted but I need advice. If I want to settle, can I go straight to emailing the lawyer to make my offer OR do I still have to answer the court summon? (I have not officially received the summon and the process server was unable to serve me, I only found out I have a lawsuit thru the county records) HELP!
Look at your glasses how they fit.. Look at how they fit on your nose and also your eyebrows.. Great video, but an adjustment at the optician will make you look great again.. Thanks for the video.
Take them to arbitration under FINRA not AAA. Motion to dismiss due to wrong venue. They are going to poop there pants.
My question is that I had auto loan from ally bank in which I defaulted on the loan so they repo the SUV so now they're suing me what arguments can I use . ally bank was sued for the Same bad practice
What about asking the coroner to state on writing that each them are ‘alive’ in court?
Ty very much For the cross-examination questions! That is A lot of helpful information.. I'm not currently being sued but I am writing down all your information that you're giving us in this video just to have as a reference If im ever sued.
I was going to send a request for discovery. Now I'm thinking I should not and just hope they are not prepared? Would requesting this information for discovery tip them off to be prepared?
What do I do if I am being sued by a family member about earrings tbat I lost and ask me to replace it but I am unemployed and she text me and gave me 14 days to give her the money for the earrings or she will sue me