How to Defend Debt Collection Lawsuits - Live Q&A | Summary and Q&A

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February 4, 2022
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Consumer Warrior
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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.

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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.

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