On this episode:

Getting financial help in Australia is not the easiest task and for most people, talking openly to someone else about your finances is understandably a daunting process.Thankfully in Australia we have a fantastic solution to this, in our hard-working financial counsellors. They’re the people who can listen to your financial issues, propose solutions and even advocate on your behalf to banks and debt collectors.The role of a financial counsellor isn’t always very well understood, so in this episode, Owen & Kate interview financial counsellor, Nick Georgiou, to break down exactly what they do, how they can help you and where you can go to get in contact with them.

*This episode was recorded remotely due to COVID-19 restrictions, we apologise for any inconsistencies in audio quality.

Show notes: http://bit.ly/Financial-Counselling-Ep |

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DISCLAIMER: This podcast contains general financial information only. That means the information does not take into account your objectives, financial situation or needs. Because of that, you should consider if the information is appropriate to you and your needs, before acting on it. If you’re confused about what that means or what your needs are, you should always consult a licensed and trusted financial planner. Unfortunately, we cannot guarantee the accuracy of the information in this podcast, including any financial, taxation and/or legal information. Remember, past performance is not a reliable indicator of future performance. The Rask Group is NOT a qualified tax accountant, financial (tax) adviser or financial adviser.

Sky News host Rita Panahi has mocked a woman who did not understand she was racking up debt while spending money on her credit card.

The 20-year-old appeared on a podcast with Caleb Hammer where she told a story of how she discovered the difference between credit debt and credit limit.

“Me and my boyfriend, me and my friends would go out, and I would be like ‘I will pay for everybody, I got it, I will spend the money, it’s just a credit card’,” the woman said on the podcast shared to TikTok.

“So I would pay and pay and pay and I called my mum one day and wanted her to be proud of me, so I was just like, ‘Hey, I’ve got $4,000 credit on my credit card’.

“She was like ‘credit limit or credit debt?’ I was like ‘what’s debt?”

Do not be scared of threatening legal letters when you are under debt review. Leave the legal matters to us.

According to the National Credit Act (NCA), every consumer under debt review has the right to be legally protected.

PLEASE FEEL FREE to contact us on 021 003 8733, on our National Debt Advisors Facebook page or fill out a contact form on our website at www.nationaldebtadvisors.co.za

Your Professional Debt Mediators

Contact us now for personalized credit mediation services tailored to suit your financial needs.We do assist with services such as Debt Review Removal and ITC Clearance.
Give us a call today to regain control of your finances and your credit profile.

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Contact Us:
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Kornerstone Counselling Centre is a prayer, prophetic and counselling ministry. Our mission and assignment is to equip anyone who desires to know God on how to pray effectively, prophesy accurately and be mentored spiritually.
We hold several meetings online during the week, one of which is our Lunch Hour which you are attending right now.
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Go here to settle before you go to court: https://bit.ly/3X32ZJv
Go here to respond to your debt lawsuit: https://bit.ly/3qlXTtd
Questions? Ask here for fastest response: https://tinyurl.com/SoloSuit-Questions

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!

Link to full video
https://youtu.be/bZBWpNnUqnY?si=qguQLd6i1EhVPe1r

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