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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!

When you are faced with a debt collection lawsuit knowing what to do can make all the difference. But sometimes doing nothing is an option. In this video Lawyer John Skiba shares when you might consider that approach.

???Representing yourself in Court? Check out my online tutorial that will give you tips and strategies to handle your case like a pro! ???????????? https://skibalaw.com/sued-by-debt-collector/

???????? Book an appointment to speak with John: (Arizona Residents Only) (480) 907-3388.

?????????????????????????

MORE ABOUT JOHN SKIBA
John Skiba is a bankruptcy & consumer protection attorney in the state of Arizona.

John helps clients with chapter 7 bankruptcy & chapter 13 bankruptcy for Arizona residents.

???????????????????? ARIZONA RESIDENTS ONLY: If you live in the state of Arizona and need help with a junk debt buyer lawsuit or need to file bankruptcy I can help you directly.

???????? Talk to John now! https://go.consumerwarrior.com/call-now
???????? Book an appointment to speak with John https://go.consumerwarrior.com/call-now

John offers informational products and strategies for consumers facing serious debt problems – particularly those being sued by junk debt buyers like Midland Funding, Portfolio Recovery Associates, Cavalry SPV, and many more.

???Forms, Templates and Video Tutorials can be found at ???????????? http://consumer-warrior-project.think…

???? Subscribe for more free debt elimination strategies and tips: https://www.youtube.com/user/skibalawgroup/?sub_confirmation=1

——————————————————————————–

????Check out these other Consumer Warrior tutorials:

???? How to Draft an Answer to a Debt Collection Lawsuit – http://consumer-warrior-project.thinkific.com/courses/answer
???? How to Win a Debt Collection Lawsuit by Compelling Private Arbitration – http://consumer-warrior-project.thinkific.com/courses/arbitration
???? How to Draft a Response to a Motion for Summary Judgment – http://consumer-warrior-project.thinkific.com/courses/summaryjudgment
???? How to Prepare and Defend Yourself at a Debt Collection Trial – http://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 – http://consumer-warrior-project.thinkific.com/bundles/debtbuyerbundle
???? How to Eliminate a Default Judgment – http://consumer-warrior-project.thinkific.com/courses/how-to-vacate-a-default-judgment
???? Proven Strategies for Settling Debt for Less than Owed – http://consumer-warrior-project.thinkific.com/courses/debtsettlement
???? How to Become Debt Free through Bankruptcy or Debt Settlement – http://consumer-warrior-project.thinkific.com/bundles/debt-settlement-bankruptcy
???? Complete Consumer Warrior Tutorial DIY Library – http://consumer-warrior-project.thinkific.com/bundles/all-courses-bundle

In this video, bankruptcy attorney John Skiba delves into the world of debt collection lawsuits, shedding light on the crucial role of mediation and arbitration in achieving effective resolutions. Discover how these alternative dispute resolution methods can help both creditors and debtors navigate the legal landscape with fairness and efficiency.

Whether you find yourself as a creditor looking to recover funds or a debtor seeking to resolve financial obligations, understanding the advantages of mediation and arbitration is absolutely crucial. This video equips you with practical strategies and a deeper understanding of these alternative dispute resolution methods, enabling you to navigate debt collection lawsuits successfully. Watch now!

#debt #bankruptcy #attorney

????????? Book an appointment to speak with John https://go.consumerwarrior.com/call-now
???? Call John at (480) 907-3388 to schedule a FREE consultation.

MORE ABOUT JOHN SKIBA
John Skiba is a bankruptcy & consumer protection attorney in the state of Arizona.

John helps clients with chapter 7 bankruptcy & chapter 13 bankruptcy for Arizona residents.

???????????????????? ARIZONA RESIDENTS ONLY: If you live in the state of Arizona and need help with a junk debt buyer lawsuit or need to file bankruptcy I can help you directly.

???????? Talk to John now! https://go.consumerwarrior.com/call-now

????????? Book an appointment to speak with John https://go.consumerwarrior.com/call-now

John offers informational products and strategies for consumers facing serious debt problems – particularly those being sued by junk debt buyers like Midland Funding, Portfolio Recovery Associates, Cavalry SPV, and many more.

??? Forms, Templates and Video Tutorials can be found at ???????????????????????? http://consumer-warrior-project.thinkific.com/

?????????????????????????

KEY MOMENTS

0:00 Introduction On Debt Collection Lawsuit: Exploring Mediation and Arbitration for Effective Resolution
0:29 Debt Collection Lawsuits
0:35 Difference Between Mediation and Arbitration
1:02 What is Mediation?
2:00 Benefits of Mediation
2:42 Private Mediator
3:23 What is Arbitration?
3:32 Compulsory Arbitration
5:31 Private Arbitration
6:02 Hiring An Arbitrator
7:17 Final Thoughts

?????????????????????????

MORE ABOUT JOHN SKIBA
John Skiba is a bankruptcy & consumer protection attorney in the state of Arizona.

John helps clients with chapter 7 bankruptcy & chapter 13 bankruptcy for Arizona residents.

???????????????????? ARIZONA RESIDENTS ONLY: If you live in the state of Arizona and need help with a junk debt buyer lawsuit or need to file bankruptcy I can help you directly.

???????? Talk to John now! https://go.consumerwarrior.com/call-now
???????? Book an appointment to speak with John https://go.consumerwarrior.com/call-now

John offers informational products and strategies for consumers facing serious debt problems – particularly those being sued by junk debt buyers like Midland Funding, Portfolio Recovery Associates, Cavalry SPV, and many more.

???Forms, Templates and Video Tutorials can be found at ???????????? http://consumer-warrior-project.thinkific.com/

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In this video I share with you vital fundamentals on how to win a debt collection lawsuit.

? Subscribe for more free debt elimination strategies and tips: https://www.youtube.com/user/skibalawgroup/?sub_confirmation=1

?? 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 http://Legal.Coach ????

?? 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 http://Legal.Coach ????

? Subscribe for more free debt elimination strategies and tips: https://www.youtube.com/user/skibalawgroup/?sub_confirmation=1

In this video I am going to provide you with proven strategies on how to win a debt collection lawsuit. Most debt collection lawsuits are filed over credit card debt.

Even though a junk debt buyer like Midland Funding, Portfolio Recovery Associates, Unifund, Cavalry SPV may have filed a debt collection lawsuit against you, there are still opportunities to settle.

http://ConsumerWarrior.com

http://www.alabamaconsumer.com/2014/09/5-options-sued-debt-collector-alabama/
This is the video discussing the second option — fighting the lawsuit on your own — when you have been sued by a debt collector or debt buyer in Alabama.

The five options you have are:

1. Bankruptcy
2. Fight the case on your own
3. Settle the case on your own
4. Hire a lawyer to fight the case
5. Hire a lawyer to settle the case

Each option has advantages and disadvantages (particularly bankruptcy which we rarely recommend).

When looking at fighting the case on your own (also called being “pro se”), the main advantage is there is no lawyer fee.

The main disadvantage is you don’t have a lawyer.

Typically if you have been sued in Circuit Court you don’t want to choose this option as the level of complexity can be too much to handle on your own.

But if you are sued in District or Small Claims court, and you are willing to spend time instead of spending money, then this may be a good choice for you.

We’ll be glad to help you think through your options.

If you have questions about your options when sued in Alabama, please feel free to get in touch with us by calling us at 205-879-2447 or contacting us through our website AlabamaConsumer.com.

John G. Watts
Watts & Herring, LLC
Birmingham, Alabama

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.

Getting started on defense, and getting started on discovery are key to self defense in debt cases. For help defending yourself correctly and powerfully from debt collectors, check us out at https://YourLegalLegUp.com.

One of the first steps in defending yourself in debt litigation is beginning discovery – you should not wait for the debt collectors to start their discovery before you start yours.