[Sued] Videos
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Arbitration is different from mediation, which is voluntary. Instead, arbitration is an alternative type of court, where the arbitrator renders a judgment. The debt collectors (and big money in general) like it because it makes it easier for them to get a judgment against you. It typically has easier rules of evidence and reduced discovery, and appeals are nearly impossible. So we generally suggest against it – to put it mildly. But if you happen to have everything you need, we still suggest against it because of its lack of “transparency” and the fact that arbitrators are often loyal to the debt collection side.
Here’s what do if you’ve been sued by Midland Funding LLC for credit card debt. If you have been served with a credit card debt lawsuit from Midland Funding LLC then you need to learn more about how to fight back against this giant debt buyer company. In fact, Midland is a subsidiary of Encore Capital Group based in San Diego, CA, which has been accused of unfair debt collection practices in the past by the Consumer Financial Protection Bureau (CFPB). If Midland Funding LLC is suing you, you need to do your research and fight back now.
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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.
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)
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.
For a free informational series (called “Seven Steps”) on what to do if the debt collectors sue you, go to https://yourlegallegup.com/pages/sued_for_debt_action_steps. It’s free and informative, and there’s no obligation. Along with the companion article at http://yourlegallegup.com/pages/Mediation, this video helps the pro se defendant prepare for mediation. warns of pitfalls that could cause you to lose your shirt in mediation and shows you how to come out ahead. Explains how the mediation process works, how the mediator will probably run the session and what he or she will say, and even what the debt collector’s lawyer is probably going to say. This video tells you exactly what to expect so you can prepare for some of the pressures you’re going to feel without being surprised by them. Don’t Lose Your Shirt in Mediation! http://youtu.be/fBcs7OrNfOU. Your Legal Leg Up is a website and business designed to help ordinary people defend themselves from debt collectors before or during a lawsuit. Many debt collectors rely on unethical and unfair collections methods that violate the Fair Debt Collection Practices Act (FDCPA), which is the first and best source of debtor rights, among other laws.
What makes everybody have a good chance against a debt collector is simply the way the debt collection business works. Junk debt buyers buy huge “tranches” or “portfolios” of debt — sometimes many millions of dollars of “nominal” debt at a time. “Nominal” debt means that is the amount that is theoretically owed, although the companies selling it, like the companies buying it, “discount” the value of debt depending on how long it has been in default (or based on other risk factors). Debt collectors buy huge amounts of the riskiest debt for pennies on the dollar.
Then they harass and dun the people who supposedly owe the money for a while, and then they file suit, often against dozens or hundreds of people at a time. Because the debt collectors are doing everything in “bulk,” they cannot really spend much time on individual cases. If you fight them, therefore, you have an excellent chance to make them go away — it’s simply too profitable for them to pursue the many who do not fight rather than the few who do.
If you hire a lawyer to fight for you, they are more likely to drop your case faster, but if you fight them intelligently even without a lawyer you will have an excellent chance to win the suit on your own. And this, again, is because every time you file a pleading, a motion, or discovery, or pursue any of your rights or potentials in the lawsuit, and every time you force the debt collector to appear in court, you are costing them money — money they hate to spend on you when there are so many others who won’t fight.
