Questions in the Comments | Arizona Attorney Answers Debt Collection Question

TL;DR

Consumer Warrior YouTube channel attorney reviews and responds to questions and comments related to debt collection, bankruptcy, and legal issues.

Transcript

hey everybody John skiba here from the consumer Warrior YouTube channel it's Monday night we're going live all right John skiba here I'm a bankruptcy and Consumer Attorney in the state of Arizona a founder of the consumer Warrior YouTube channel and uh tonight I wanted to go live and do something I've been thinking about doing part and that is real... Read More

Key Insights

• 🧍 Arbitration is an informal trial proceeding, and it is important to focus on standing and damages during this process.
• 📁 Filing a motion to dismiss can be an effective strategy if a debt is beyond the statute of limitations.
• 🦻 Ensuring the correct address with the court is crucial to avoid missing important notifications or hearings.
• 🖐️ Settling a debt is possible at various stages, but timing and negotiation skills play a vital role.
• ☠️ Chapter 13 bankruptcy has a longer duration and a higher failure rate compared to Chapter 7.
• 🍰 Reducing income for a short period may not be sufficient to qualify for Chapter 7 bankruptcy.
• 🈂️ Charge-off does not prevent further collection efforts; debt collectors can still sue for the outstanding amount.

Questions & Answers

Q: What are some good questions to ask during arbitration?

When in arbitration, it is important to focus on standing and damages. Ask questions that highlight the lack of information and understanding on the part of the debt collector, emphasizing their lack of knowledge and the questionable basis for their claims.

Q: If a debt is time-barred, how should one respond?

If a debt is beyond the statute of limitations, you should file a motion to dismiss, stating that the debt is time-barred. Even if the court denies the motion, you will still have an opportunity to file an answer and defend against the lawsuit.

Q: What should be done if a court document has an incorrect address?

If a court document, such as a summons, has the wrong address, it is important to contact the court and ensure that they have the correct address on file. This ensures that you receive important notices and prevent potential issues in the future.

Q: Can a debt collector still sue if a debt has been charged off?

Yes, a debt collector can still sue even if the debt has been charged off by the original creditor. The charge-off is simply an accounting classification and does not prevent further collection efforts.

Summary & Key Takeaways

• Attorney John Skiba reviews and responds to comments on the Consumer Warrior YouTube channel.

• The attorney clarifies legal concepts and provides advice on topics such as debt collection lawsuits, arbitration, statute of limitations, and bankruptcy.

• Skiba emphasizes the importance of seeking local legal advice and highlights key strategies for defending against debt collectors.