Fight Back! | Debt Defense | Live Q&A with Attorney John Skiba

TL;DR

Consumer Attorney provides insights and strategies for dealing with debt-related issues, including bankruptcy, wage garnishment, and debt collection lawsuits.

Transcript

hey everybody Welcome to Thursday night John ska here from the consumer Warrior YouTube channel like we do each and every Thursday night where I come on we do a live Q&A we answer your questions talk about all things debt related whether it's bankruptcy wage garnishment uh debt collection lawsuits all those type of horrible things that might be in ... Read More

Key Insights

• 😌 Understanding the options and creating a plan can relieve stress related to debt issues.
• 💁 Researching case law and court records can provide valuable information for handling debt collection lawsuits.
• ✋ Settlement negotiations with credit unions may require higher amounts compared to original creditors.
• 💁 Settlement amounts above $600 may result in a 1099c form, potentially creating a tax liability.
• 😄 Chapter 7 bankruptcy does not significantly affect the ability to find an apartment, although landlords may want some assurance about the lease.
• ❓ Settlement agreements can include provisions to avoid issuing a 1099c if there's a genuine dispute about liability.

Questions & Answers

Q: What type of discovery questions can I ask in a debt collection lawsuit before trial?

In most cases, the opposing party should have provided a disclosure statement with information about witnesses. You can push for exact witness names and backgrounds to investigate further. Additionally, you can request information about how they calculated damages and ask for terms and conditions if it's an original creditor lawsuit.

Q: Do junk debt buyers have to prove they own your specific account?

Yes, they must show that your account was included in the portfolio of accounts they purchased. They should provide bills of sale or assignment documents to prove their ownership. Research case law to understand how courts have ruled on similar issues in your jurisdiction.

Q: I filed a dismissal request for a case that has been parked at the court for a year, but it was denied. What should I do next?

If the case is still pending, consider filing a motion to reconsider. If that fails, you have to decide whether to proceed to trial or settle. Assess the potential risks and expenses associated with trial versus the possibility of settling for a lower amount.

Q: How can I check if a case is discharged before receiving something from the court?

For bankruptcy cases, you can use the PACER system to access court documents. Some state courts also provide online case search capabilities. Check if your specific court has an online case search option to keep track of case developments.

Summary & Key Takeaways

• The content is a live Q&A session hosted by a Consumer Attorney, discussing tips and strategies for dealing with debt-related issues.

• The attorney emphasizes the importance of understanding options and creating a plan to relieve stress related to debt problems.

• The session covers various topics such as negotiating settlements, filing bankruptcy, handling lawsuit discovery, and checking bankruptcy court records.