Debt Busting Thursday | Live Q&A with Consumer Warrior John Skiba

TL;DR

Get advice on negotiating with creditors, arbitrating debt lawsuits, handling HOA judgments, and appealing court decisions.

Transcript

hey everybody and welcome to Thursday night John skba here from the consumer Warrior YouTube channel Channel like we are each and every Thursday night where we do this live Q&A where we talk about all things debt related whether it's bankruptcy debt collection lawsuits wage garnishment or all those other horrible things uh we talk about how to deal... Read More

Key Insights

• 💳 Negotiating with credit card companies and debt collectors can lead to favorable debt settlements.
• 📁 Filing a motion to compel arbitration is possible even after filing an answer in a debt collection lawsuit.
• 💌 Bankruptcy discharge orders should stop collection letters from creditors, and legal action can be taken if they persist.
• 🎁 The mediation process provides an opportunity to settle debt by presenting a clear financial picture to the mediator.
• 👮 Contributions to retirement accounts may be exempt in bankruptcy, but it is necessary to be aware of state-specific laws and exemptions.
• 👨‍💼 Understanding evidentiary rules, such as the completeness doctrine and business records exception, can be helpful when appealing court decisions.

Questions & Answers

Q: Is it possible to negotiate with a credit card company before they sell the debt to a collector?

Yes, it is possible to negotiate with a credit card company to eliminate fees and interest as the account approaches charge off. They may be willing to work out a deal to keep you as a customer.

Q: Can I file a motion to compel arbitration after already filing an answer in a debt collection lawsuit?

Yes, you can file a motion to compel arbitration even after filing an answer. However, check the arbitration clause for any time limitations and file the motion promptly to avoid potential denial.

Q: What can I do if a collection agency continues to send letters for payment after filing for bankruptcy?

Collection letters after receiving a bankruptcy discharge are a violation of the court order. Notify your attorney, and they can send a letter requesting the agency to stop. If they persist, you can take legal action against them.

Q: How can I negotiate effectively during mediation?

During mediation, it helps to have a clear idea of the maximum amount you can afford to pay. Explain your financial situation and limitations to the mediator, and use the absence of assets or current financial challenges to leverage a favorable settlement.

Summary & Key Takeaways

• Consumer protection attorney John Ska provides information on dealing with debt issues, including bankruptcy, debt collection lawsuits, and wage garnishment.

• He emphasizes the importance of taking simple steps to address debt problems and offers advice on negotiating with credit card companies before they sell the debt to a collector.

• Ska also discusses the possibility of filing a motion to compel arbitration after filing an answer in a debt collection lawsuit.

• He explains how to handle collection letters from a debt collector after filing for bankruptcy and the options for fighting HOA judgments.

• Additionally, he provides insights into negotiating during mediation and making contributions to retirement accounts during bankruptcy.