Thursday Night Live - Live Q&A - Debt Collection Lawsuits, Bankruptcy, & more.

TL;DR

John Skiba, a consumer protection attorney, discusses topics such as defending debt collection lawsuits and bankruptcy in a weekly live YouTube stream.

Transcript

hey everybody and welcome to thursday night uh here we are thursday night live once again my name is john skiba and i'm a consumer protection attorney and a bankruptcy attorney in the state of arizona and each and every thursday night we meet here and we have discussions on defending debt collection lawsuits bankruptcy all those kind of things over... Read More

Key Insights

• 👮 John Skiba specializes in consumer protection and bankruptcy law, particularly in defending lawsuits against debt buyers.
• 🎟️ Responding to requests for admissions promptly is crucial to avoid penalties in a debt collection lawsuit.
• 👪 Understanding the exemption limits and bankruptcy trustee practices can help determine if the equity in a home is at risk.
• 👋 Once a debt collection lawsuit reaches the stage of involving an attorney, it's best to communicate with the attorney rather than contacting the original creditor directly.
• ⛓️ Chain of title issues can weaken a debt buyer's claim in a lawsuit if they fail to demonstrate a clear transfer of the specific account.
• 📞 Friends and family listed as creditors in a bankruptcy filing will receive a notice from the court and may receive a copy of the discharge order later in the process.
• 📁 Settling a debt before filing an answer is a viable option, but filing an answer is essential if the settlement is not complete to avoid a default judgment.

Questions & Answers

Q: How can I compel private arbitration in a debt collection lawsuit?

Skiba recommends filing a motion to compel private arbitration, and he provides a link to his online tutorial for detailed guidance on the process. However, he advises responding to requests for admissions promptly to avoid penalties.

Q: If my house has equity slightly over the state exemption, can it still be taken in bankruptcy?

Skiba explains that bankruptcy trustees consider closing costs and realtor fees, which can reduce the actual equity. It is essential to consult a bankruptcy attorney to understand the exemption limits and how trustees handle such situations in specific states.

Q: Should I contact the original creditor or the debt buyer's law firm if I received a collections letter?

Skiba advises reaching out directly to the debt buyer's law firm since they have legal representation for the case. Contacting the original creditor may not be effective once legal counsel is involved.

Q: What is a break in the chain of title, and how does it affect a debt collection lawsuit?

Skiba explains that a chain of title is the proof a debt buyer must provide to show they legally own the debt. If there is a break in the chain of title, where they fail to show the transfer of the specific account, it weakens their claim in the lawsuit.

Q: What information will my brother and friends receive if I list them as creditors in my bankruptcy filing?

Once a bankruptcy is filed, the creditors listed will receive a notice from the court informing them of the filing and providing details about the meeting of creditors. They may also receive a copy of the discharge order later in the process.

Q: Is it better to settle a credit card debt before filing an answer or go to court?

Skiba advises reaching out to the creditor or their law office to settle the debt before the answer deadline. However, it is essential to file an answer if the settlement is not complete to avoid a default judgment and maintain leverage in negotiations.

Q: What is the statute of limitations for utility debts?

Skiba explains that the statute of limitations for utility debts varies by state. In Arizona, where Skiba practices, the statute of limitations for debts with a written agreement, including utilities, is six years from the date of default.

Summary & Key Takeaways

• John Skiba, a consumer protection and bankruptcy attorney, hosts a weekly live discussion on YouTube about topics such as defending debt collection lawsuits and bankruptcy.

• Skiba focuses on defending lawsuits against junk debt buyers like Unifon Portfolio Recovery, Cavalry, and Midland.

• Viewers can ask questions in the comment section, but Skiba emphasizes that his information is not legal advice and encourages viewers to consult an attorney in their state for personalized assistance.