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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!

Rep. Andy Harris, R-Md., joined ‘Cavuto: Coast to Coast’ to discuss the debt ceiling as the White House and GOP struggle to make a deal amid new fears of a June deadline.

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The Biden administration released a new student loan payment plan that would lower monthly payments for millions of borrowers and pause them completely for some. There’s been a freeze on loan repayments throughout the pandemic, but that’s coming to an end in June. The new proposal comes while plans to cancel some of the debt are held up in court. Cory Turner of NPR joined Geoff Bennett to discuss.

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Florida mediator Tye Bourdony of Cfmediationcenter.com discusses debt collections type of cases in small claims court and how they too can be resolved privately between the parties instead of before a Judge. This is not legal advice, so be sure to discuss your specific issue with an attorney.

Published by attorneys and mediators of Olowska & Pierre, Inc. (oplawyers.org) and Instant Mediations, LLC. (InstantMediations.com), this channel covers the exciting world of law, mediation, arbitration, and online practice.

Spontaneous pre-mediation case on Darryl Osawa vs. Sarah Kawailima.

Outstanding job by Gayle Nathan and Edward Miley along with Judge Vincent Ochoa.

These parents negotiated like adults and put the best interest of the children first with attorneys that put children over profit and revenge.

Tel : 044 382 0670 Office cell: 082 553 8418 or 082 440 7155
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Tired of debt?
Can’t keep up with your monthly instalments?
Can’t cope with making ends meet?

Debt can get you feeling down, frustrated and scared. We often feel like there is no hope, or that things are just getting worse. Debt counselling may be the solution for you.

What is Debt Counselling?
Debt counselling is a debt relief measure, which is regulated by the National Credit Regulator and by the NCA. The debt counsellor will negotiate with your credit providers for a lowered instalment, interest rate, and an extended period over which the debt is to be paid. The debt counselling team will assist you with amending your budget and monthly expenditures so that you will be able to afford to live with ease and still maintain stable debt repayments.

Who can apply?
The answer is simple; anyone that has financial problems can apply for debt review. Your application will be assessed and if you are found to be over indebted, our team will proceed with the application and help you.

What do we need?
We need the following documentation:
– Proof of residence,
– Three latest payslips,
– Your marriage certificate,
– Copies of your ID and your spouse’s ID (if you are married),
– A copy of your latest bank statement.

This process is 100% confidential. We will not tell your friends, employers, or anyone else that you are under debt review.
Drop us a message on Facebook, or an email for more information.
You can give us a call too!
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A detailed overview of being sued by a debt collector (debt buyer) in small claims or district court

Consumer Protection Attorney John G. Watts answers your questions about what happens when you are sued by a debt collector in district or small claims court in Alabama.

We talk about the following:

**Collection court lawsuit (complaint)
**Being served
**Advertisement letters from bankruptcy lawyers and non lawyer “mediation firm” of Ferry & Nicholas
**Time limits to answer a small claims and district court lawsuit
**How to file an answer
**When you get a trial date notice
**What to do BEFORE you go to trial
**What happens in trial
**What happens after trial if you win or lose
**Why you may have the right to sue the debt collector for false credit reporting and other violations of the law after you beat the collector in the collection trial

We hope you enjoy this video and feel free to share or comment below thanks!

John G. Watts
205-879-2447
Watts & Herring, LLC
Birmingham and Madison Alabama offices (Serving clients in all parts of Alabama)

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No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.