How to Win Your Debt Collection Lawsuit | Live Q&A with Arizona Attorney John Skiba

TL;DR

In this Q&A session, attorney John Skiba discusses debt-related topics, including finding rules of civil procedure, the impact of bankruptcy on banking relationships, and suing someone on Social Security disability.

Transcript

hey everybody John skiba here and it's Thursday night hey everybody welcome back to the consumer Warrior YouTube channel Thursday night uh with the Memorial Day holiday this week is just moving right along it's always kind of nice to have Mondays off and uh makes the week go a little bit faster for us so but it's uh Thursday night where we do our l... Read More

Key Insights

• 📏 Finding the rules of civil procedure for debt collection lawsuits can be challenging but can be done using resources like the Legal Information Institute or Google Scholar.
• 💳 Filing bankruptcy on credit cards will typically not impact banking relationships unless the bank is a credit union with cross-collateralization agreements.
• ❓ Attorneys can sue individuals on Social Security disability, but they cannot collect judgments due to the exemption of Social Security benefits.

Questions & Answers

Q: How can I find the rules of civil procedure for debt collection lawsuits?

You can use resources like the Legal Information Institute at Cornell Law School or do a web search by including the state and "rules of civil procedure" in the search terms.

Q: Will filing bankruptcy on credit cards affect my banking relationship with the same bank?

It should not cause any problems if the bank's credit and checking wings are separate. However, credit unions may have cross-collateralization agreements that link your checking account to other debts.

Q: Can an attorney sue someone on Social Security disability?

Yes, anyone can sue anyone, but they will not be able to collect on a judgment as Social Security benefits are exempt from garnishment.

Q: Do third-party debt collectors have to offer me arbitration if I request it based on the original agreement?

Debt collectors are unlikely to offer arbitration voluntarily, but if a lawsuit has been filed, you can file a motion to compel private arbitration. However, this may vary depending on the specific arbitration clause.

Summary & Key Takeaways

• John Skiba provides tips on finding the rules of civil procedure for debt collection lawsuits, including using the Legal Information Institute at Cornell Law School and Google Scholar.

• He clarifies that filing bankruptcy on credit cards will not impact banking relationships unless the bank is a credit union with cross-collateralization agreements.

• Skiba explains that attorneys can sue individuals on Social Security disability, but they cannot collect judgments, as Social Security benefits are exempt from garnishment.