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4 Unexpected Ways to Win Your Debt Collection Lawsuit

October 23, 2020
by
Consumer Warrior
YouTube video player
4 Unexpected Ways to Win Your Debt Collection Lawsuit

TL;DR

Learn four surprising strategies to win your debt collection lawsuit, including requesting dismissal if the plaintiff or their attorneys don't show up to court and objecting to telephonic witnesses.

Transcript

  • Hey everybody, John Skiba here. And in this video, I'm going to share with you four unexpected ways that you may actually win your debt collection lawsuit. But first, if this is your first time here to my YouTube channel, go ahead and click subscribe, check on that little bell. That way you'll be notified each and every week, when I put out new v... Read More

Key Insights

  • ☢️ Active participation in the debt collection process is crucial for a favorable outcome.
  • 🥺 Taking advantage of the plaintiff or their attorney's absence in court can lead to case dismissal.
  • 🦻 Objecting to telephonic witnesses may be less effective during the COVID-19 pandemic due to remote court hearings.
  • 📜 Compelling the debt buyer's attorney to turn over important documents can weaken their case and potentially result in a settlement or dismissal.
  • 🥺 Failure to prosecute the case within a certain period may lead to the court dismissing it.
  • 😉 These unexpected strategies can result in winning a debt collection lawsuit without relying solely on substantive legal arguments.
  • 📏 It is essential to stay informed about the specific rules and procedures in your jurisdiction.

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Questions & Answers

Q: How important is it to participate in the debt collection process?

Participating in the process, such as filing an answer and showing up to hearings, is crucial. Not responding or failing to appear can result in a judgment against you.

Q: What happens if the plaintiff or their attorneys don't show up to court hearings?

If the other party fails to show up, you can ask the court to dismiss the case. However, the court may dismiss it without prejudice, allowing the plaintiff to refile the lawsuit.

Q: Is objecting to telephonic witnesses effective in winning a debt collection lawsuit?

Objecting to telephonic witnesses can be effective in some cases. If the court denies the request for telephonic witnesses, the debt buyer may be more willing to settle the case or even dismiss it.

Q: How can requesting important documents weaken the debt buyer's case?

By requesting documents like the sale and purchase agreement, you can challenge the debt buyer's authority to bring the lawsuit. If the court orders them to turn over the documents, they may choose to settle or dismiss the case.

Summary & Key Takeaways

  • Participating in the debt collection process is crucial in winning your case.

  • If the plaintiff or their attorneys fail to show up to court hearings, you can ask for a dismissal.

  • Objecting to telephonic witnesses can lead to a settlement or case dismissal.

  • Requesting the court to compel the debt buyer's attorney to turn over important documents can weaken their case.

  • Filing a motion to dismiss for failure to prosecute can be effective if the case has been stagnant for an extended period.


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