How to Defend Debt Collection Lawsuits - Live Q&A

TL;DR

Consumer protection attorney John Skiba answers viewer questions about debt collection lawsuits, bankruptcy, and credit reporting in a live YouTube Q&A session.

Transcript

hey everybody and welcome to thursday night once again we're here the week seem to be flying by this year um but welcome back to the uh thursday night live stream thursday night live as we branded it here uh with the consumer warrior youtube channel my name is john skiba and i am a consumer protection attorney and a bankruptcy attorney in the state... Read More

Key Insights

• 📁 Debt collectors often rely on defendants not responding to lawsuits, and filing a response can disrupt their usual process.
• 📁 If a debt collection lawsuit remains inactive for an extended period, defendants have options such as waiting for dismissal or filing a motion to dismiss for failure to prosecute.
• 💁 Disputing inaccurate information on credit reports, including payment dates, is recommended if there are discrepancies.
• 📁 Filing a motion to dismiss and compel private arbitration can be an effective strategy if the court denies a motion to dismiss for failure to prosecute.
• ❓ Defendants should be aware of the timeline and process involved after submitting an answer, including initial disclosure statements, written discovery, and motions for summary judgment.
• 🆘 The expertise of attorneys who specialize in debt collection lawsuits and bankruptcies can vary, but resources like the National Association of Consumer Advocates can help locate experienced professionals.
• 🤗 Debt buyers can still sue individuals even years after the account was initially opened, as long as it falls within the statute of limitations.
• 👍 The presentation of a valid bill of sale showing the transfer of an individual's specific account is crucial for debt buyers to prove ownership.
• 💄 Making payments to debt collectors does not automatically prevent them from continuing with a lawsuit.
• 😵 Trial and cross-examination provide opportunities to challenge the evidence presented by debt buyers and highlight any gaps or lack of knowledge on their part.
• 🥺 Continuances for filing motions for summary judgment are common in cases where debt buyers have not actively prosecuted the lawsuit leading up to the trial.

Questions & Answers

Q: If there has been no activity in a debt collection lawsuit for over a year, should the defendant leave it or file a motion to dismiss with arbitration?

It is advisable to first file a motion to dismiss for failure to prosecute. If the court denies this motion, then file a motion to dismiss and compel private arbitration.

Q: Can a defendant dispute the dates of the last payment on their credit report if they differ from the creditor's records?

Yes, any inaccuracies on a credit report can be disputed, including incorrect payment dates. It is recommended to dispute such information if it is incorrect.

Q: What should be done if the appointed arbitrator fails to show up for a scheduled arbitration, and the plaintiff then files a summary judgment?

File a motion to reset arbitration, explaining to the court what happened, and also request a stay on the summary judgment motion while the arbitration issue is pending.

Q: Is it possible for a pre-trial conference payment to delay the process?

Making a payment before a pre-trial conference is unlikely to delay the process. The pre-trial conference usually serves the purpose of exploring settlement options or setting a trial date.

Summary & Key Takeaways

• John Skiba discusses the options for defendants in debt collection lawsuits that have been inactive for over a year, including waiting for dismissal, filing a motion to dismiss for failure to prosecute, or filing a motion to dismiss and compel private arbitration.

• Skiba advises on disputing inaccurate information on credit reports, specifically regarding the dates of last payment.

• He suggests filing a motion to reset arbitration and stay a summary judgment if the arbitrator fails to show up during the process.

• Skiba provides insights on the timeline and process of submitting an answer, initial disclosure statements, written discovery requests, and motions for summary judgment.