Dealing with Debt? | Live Q&A with AZ Attorney John Skiba

TL;DR

This video is a live Q&A session where John Skiba provides answers and advice on various debt-related issues, including bankruptcy, debt collection, and arbitration.

Transcript

all right hey everybody and welcome to Thursday night all right John skiba here from the consumer Warrior YouTube channel uh Thursday night we're here once again doing the live q a that we do each and every week talking about all things debt related and uh as I always do I give my little Spiel at the beginning that I am a licensed attorney in the s... Read More

Key Insights

• ♿ Joining the Consumer Warrior Community provides exclusive access to additional content and tutorials.
• 💱 Proposition 209 in Arizona seeks to change exemptions and reduce wage garnishment, potentially benefiting bankruptcy filers.
• 🗯️ Debt collection tactics vary, and it is essential to understand the Fair Debt Collection Practices Act to know your rights.
• ❓ Negotiating with debt collectors and offering alternative payment options can be an effective strategy.
• ❓ Understanding the discovery phase of a lawsuit is crucial to navigate the legal process effectively.
• 😷 Filing for bankruptcy can discharge various types of debt, including medical bills and overpayments.
• 👮 Spousal debt and community property laws can impact bankruptcy cases and debt responsibilities.
• ❓ Understanding reaffirmation agreements and exemptions is essential when considering filing for bankruptcy.
• 🚙 Filing for bankruptcy can protect assets like vehicles, as long as payments continue to be made.
• 😷 Creditors can object to the discharge of specific debts in bankruptcy, but medical debt is generally eligible for discharge.
• 🥳 The timeline for discharge after the meeting of creditors typically ranges from 60 to 90 days.
• ❓ Garnishment can occur if a judgment has been obtained by the creditor, and it may be possible to challenge the judgment.

Questions & Answers

Q: What can I do if a debt scavenger threatens a lawsuit for a 15-year-old debt that has been paid in full?

The Fair Debt Collection Practices Act protects consumers from illegal tactics used by debt collectors. In this case, it is recommended to contact the Attorney General's office or consult with a lawyer who specializes in debt collection to handle the situation.

Q: How should I approach a debt collector to settle a debt without restarting the statute of limitations?

You can negotiate with the debt collector, offering to pay them the amount it would cost to file for bankruptcy instead. Make sure to check state laws and the terms of the debt to determine the best approach.

Q: Is there a time limit for the discovery phase in a lawsuit?

The timeframe for the discovery phase depends on the specific rules of civil procedure in your jurisdiction. It is essential to review these rules or consult with an attorney to determine the time limit for discovery in your case.

Q: Can I file a motion to dismiss and compel private arbitration before the court date?

Yes, it is advisable to file a motion to dismiss and compel arbitration as soon as possible, ideally before the court date. This allows for sufficient time for the court and parties involved to consider the motion.

Summary & Key Takeaways

• John Skiba is a licensed attorney in Arizona who specializes in bankruptcy and debt collection defense representation.

• He provides general information and advice on debt-related topics on his YouTube channel, but emphasizes that he can only offer legal advice to those in Arizona.

• Skiba discusses the benefits of joining the Consumer Warrior Community, where members gain access to exclusive content and tutorials.

• He also highlights the importance of Proposition 209 in Arizona, which aims to change exemptions and reduce wage garnishment.