Defending Debt Collection Lawsuits & Chapter 7 Bankrupcy

TL;DR

Attorney John Skiba hosts a live stream Q&A session, providing general information and strategies about bankruptcy and debt collection lawsuits.

Transcript

hey everybody john skiba here and uh welcome to my youtube channel excited to be doing a live stream tonight uh again i mentioned last week i'm going to try to do these every thursday night 5 15 pacific standard time or it might be mountain standard time i'm here in arizona and so we don't change when the clocks change and so sometimes it's at diff... Read More

Key Insights

• 🧡 John Skiba's live stream Q&A sessions cover a range of topics related to bankruptcy and debt collection lawsuits.
• 🔠 Filing an answer and not letting the case default is crucial.
• 💼 Settlement approaches may be suitable for cases involving original creditors.
• ❓ Responding to a motion for summary judgment within the specified timeframe is important.
• 💼 Private arbitration can be requested in debt collection cases.
• ❓ It is important to focus on admitting or denying the specific allegations in the answer.
• 📏 Different courts may have specific rules and procedures related to dismissals and settlements.

Questions & Answers

Q: What should I do if I'm being sued by an original creditor?

Skiba recommends taking a settlement approach in most cases, as original creditors usually have the necessary documents and witnesses. However, it is important to file an answer and not let the case default.

Q: Is it normal to have a hearing at the same time as a motion for summary judgment?

While processes may vary, Skiba advises being aware of the timeframe to respond to a motion for summary judgment and ensuring that you do so. Failure to respond within the required timeframe can result in a default judgment.

Q: How should I respond in my answer if I'm being sued by a debt buyer?

Skiba suggests admitting or denying each numbered paragraph of the allegations made by the debt buyer. If any part is untrue, it can be denied or stated that you lack sufficient information. It is important to focus on whether you admit or deny the allegations rather than providing background details.

Q: Is it possible to request private arbitration when responding to a debt collection lawsuit?

Skiba recommends including a statement in the answer that the account is subject to private arbitration. It can be followed up with a motion to compel private arbitration after the answer is filed. The court may dismiss the case or stay it, depending on the judge's decision.

Summary & Key Takeaways

• John Skiba hosts a live stream Q&A session every Thursday, answering questions and providing strategies on bankruptcy and debt collection lawsuits.

• Skiba emphasizes that he cannot provide specific legal advice, as he is only licensed in Arizona and each case is unique.

• The live stream covers topics such as strategies for dealing with junk debt buyer cases and the approach to take when being sued by an original creditor.

• Viewers can post questions in the comments and Skiba selects a few to answer.