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

TL;DR

Consumer Warrior shares his weight loss journey and offers advice on debt collection lawsuits and bankruptcy.

Transcript

and uh I do the consumer Warrior YouTube channel I've done that for several years now where I provide tips and strategies and point you to some resources uh where you can go to try and if you're dealing with the debt collection lawsuit or if you need bankruptcy or kind of all the overwhelming things that go on in the debt collection world so um uh ... Read More

Key Insights

• 😚 The Consumer Warrior underwent gastric sleeve surgery and successfully lost over 100 pounds.
• 📌 Debt collection lawsuits and bankruptcy can be overwhelming, and it is crucial to seek legal advice for your specific location.
• 👊 12 B6 motions can be used to attack a complaint in a debt collection case, but their success depends on the specific facts and circumstances.
• 👂 Joint bank accounts may be protected from being frozen by a debt collector, depending on the names listed on the judgment.
• 💼 Jury trials in debt collection cases require careful consideration of potential jurors' employment and personal debt history.
• 🤪 Settlement offers can be a viable option to consider, as going to trial or arbitration carries inherent risks.
• 🌸 The original creditor charges off the debt as a loss, while the debt is transferred to a junk debt collector, which may be reported separately on credit reports.

Questions & Answers

Q: How does a 12 B6 motion work in a debt collection case?

A 12 B6 motion is a motion to dismiss for failure to state a claim. It can only be successful if the complaint fails to show entitlement to relief. In some cases, it may be converted into a motion for summary judgment.

Q: If a debt collector sues you and there are insufficient funds in your account, can they collect it later?

The debt collector must first obtain a judgment before they can collect any funds. Depending on the exemptions in your state, certain funds may be protected from garnishment.

Q: What questions should I ask during a jury trial for a debt collection case?

It is crucial to ask potential jurors about their employment history, personal debt experiences, and if they have ever worked for or been owed money by a debt collector.

Q: Can a joint bank account be frozen by a debt collector?

Whether or not a joint bank account can be frozen depends on who the judgment is against. If both account owners are listed on the judgment, the account can be frozen; otherwise, an objection can be raised.

Summary & Key Takeaways

• The Consumer Warrior, a licensed attorney in Arizona, shares his weight loss journey, having lost over 100 pounds over the last six months.

• He discusses the challenges of being overweight and the decision to undergo gastric sleeve surgery.

• The Consumer Warrior provides tips and strategies for dealing with debt collection lawsuits and offers free consultations for Arizona residents.