Thursday Night Live! Debt Collection Lawsuits, Bankruptcy, Wage Garnishment

TL;DR

Attorney John Skiba answers questions and provides advice on debt problems, bankruptcy, and related legal issues.

Transcript

hey everybody and welcome to thursday night uh we are here each and every week where we do a live stream uh and answer your questions relating to debt problems bankruptcy wage garnishment debt collection lawsuits all that kind of stuff i'm john skiba i'm an attorney in the state of arizona i help people file bankruptcy and i also defend people from... Read More

Key Insights

• 💳 Debt buyers often check credit reports to assess the viability of pursuing legal action against individuals.
• ❓ Negotiating settlements with original creditors may be more challenging than with debt buyers.
• 👪 If a home's equity exceeds the maximum exemption in Chapter 7 bankruptcy, it may be at risk, but exemptions vary by state.
• 🥺 Filing an answer in debt collection lawsuits is crucial, and failing to respond to a motion for summary judgment can lead to an unfavorable outcome.
• 😨 Chapter 13 bankruptcy has a longer duration and can involve complex situations such as car accidents and total loss.
• 🤨 Minor bank accounts can be subject to garnishment, but objections can be raised if the funds do not belong to the account holder.

Questions & Answers

Q: If I have filed an answer to a debt collector's attorney's lawsuit, should I expect an interrogatory next?

It is possible that they may send written interrogatories as part of the discovery process. However, they are more likely to use requests for admission, which can be a trap if not responded to timely.

Q: I filed a motion to compel arbitration, but a hearing was still set. What should I expect during the hearing?

If the court has not ruled on your motion, you can file a motion for summary disposition to request a ruling. If it is a trial, there is more complexity involved, but resources like Skiba's online tutorial can guide you through the process.

Q: Can I request arbitration before being sued by a debt buyer?

Generally, there needs to be a dispute or a lawsuit for arbitration to be initiated. If there is no lawsuit, there is no need to pursue arbitration.

Q: Can public records be sealed?

Sealing public records depends on the court, and you would need to reach out to the court clerk for guidance on the process.

Summary & Key Takeaways

• John Skiba, an attorney in Arizona, hosts a live stream Q&A session to address questions related to debt problems, bankruptcy, wage garnishment, and debt collection lawsuits.

• Skiba emphasizes that his advice should not be considered legal advice as he is only licensed in Arizona. He recommends consulting a local attorney for specific legal advice in one's jurisdiction.

• Skiba shares that he tries to respond to comments on his YouTube channel and will address some of them during the live stream.