Winning Your Debt Collection Lawsuit (2022) - Live Q&A | Summary and Q&A

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February 25, 2022
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Consumer Warrior
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Winning Your Debt Collection Lawsuit (2022) - Live Q&A

TL;DR

Consumer protection attorney, John Skiba, addresses various debt-related questions in a Q&A session.

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Questions & Answers

Q: When should I file a motion for arbitration in a debt collection lawsuit?

It is advisable to file the motion as soon as possible, even before the court rules on a summary judgment motion. Request a delay in ruling until after the response to the motion to compel private arbitration is received.

Q: Is it illegal or sneaky for a debt collector to use a false caller ID?

Under the Fair Debt Collection Practices Act (FDCPA), debt collectors are prohibited from engaging in deceptive or unfair practices. Misrepresenting their identity in the caller ID can be considered unfair and may violate the FDCPA.

Q: Can a sold letter from the original creditor to a debt collector affect the outcome of a court case?

It depends on the specific circumstances and the letter's content. If the letter contains specific information about the debt in question, it can be used as evidence. However, it may be possible to challenge the letter's authenticity if the debt collector cannot provide a witness who can authenticate it.

Q: Can wage garnishment be stopped if a time-barred debt resulted in a default judgment?

If the default judgment was obtained after proper service and without any irregularities, it may be challenging to stop the wage garnishment. Bankruptcy or a lump sum settlement offer may be options to consider in this situation.

Summary & Key Takeaways

  • John Skiba, a consumer protection attorney, answers debt-related questions in a Q&A session.

  • Topics discussed include debt collection lawsuits, bankruptcy, wage garnishments, and arbitration.

  • Skiba emphasizes the importance of understanding the Fair Debt Collection Practices Act and knowing your rights as a debtor.

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