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

TL;DR

Attorney John Skiba hosts a live Q&A session, answering questions on debt-related legal topics such as bankruptcy and debt defense.

Transcript

hey everybody Welcome to Thursday night hey everybody John skiba here from the consumer Warrior YouTube channel welcome to Thursday night where each and every week we do a live q a where I am an attorney in the state of Arizona and we talked about all things debt related um I do bankruptcy practice I also represent people who are getting sued by cr... Read More

Key Insights

• 👮 Proposition 209 in Arizona brings significant changes to exemption laws, garnishments, and debt collection, potentially impacting a large percentage of wage garnishments.
• 🥡 The IRS can garnish wages and levy bank accounts without obtaining a judgment. The State of Arizona typically sues and obtains a judgment before taking such actions.
• 📁 Filing for a second Chapter 7 bankruptcy before the eight-year deadline may not result in a discharge and should be approached cautiously.
• 💨 Negotiating with law firms can be challenging, but it is crucial to be willing to walk away from a deal that doesn't make sense.
• 🥺 Communicating with collectors before filing for bankruptcy may not lead to favorable outcomes. Providing limited information and requesting written communication can help manage the situation.
• 😀 Filing a motion to dismiss or seeking legal advice may be necessary when faced with non-responsive plaintiffs or irregularities in debt collection lawsuits.

Questions & Answers

Q: I received a bank garnishment letter from the wrong bank. Should I schedule a hearing even though I don't have an account with that bank?

In Arizona, the garnishee must file an answer with the court if you don't have an account with them. Wait to see if they file an answer before deciding whether to request a hearing. Consult an attorney if you're in a different state.

Q: Does the Arizona Department of Revenue or the IRS need to obtain a judgment to garnish wages or levy bank accounts?

The IRS can garnish wages and levy bank accounts without obtaining a judgment. However, the State of Arizona typically sues and obtains a judgment before taking such actions.

Q: I filed for arbitration, and the judge gave 30 days to resolve the matter. The plaintiff is not responding. What should I do?

If the plaintiff doesn't respond, you can file a motion to dismiss after the 30-day period. Make sure to document your attempts to contact them and their lack of engagement.

Q: The law firm handling my debt collection doesn't want to negotiate. What should I do?

If you're only dealing with debt collectors or paralegals, it might be more effective to negotiate directly with the attorney handling your case. If negotiation attempts are not fruitful, consider walking away from the deal, especially if it's not urgent.

Summary & Key Takeaways

• John Skiba, an attorney in Arizona, conducts a live Q&A session on debt-related legal matters, including bankruptcy and representing individuals being sued by creditors.

• He discusses Proposition 209, a recent law change in Arizona that affects exemptions, garnishments, and debt collection, potentially impacting 70-80% of wage garnishments.

• Skiba advises on various topics, such as bank garnishment hearings, filing for a second Chapter 7 bankruptcy before the eight-year deadline, and negotiating with law firms.